This property has a documented history as a landfill going back to 1973. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property served as a licensed landfill from 1973 to 1984, receiving energy production wastes including fly ash from coal-fired power generation. Free-phase product recovered from monitoring wells has been laboratory-fingerprinted as naphthalene-dominant coal tar — a byproduct of manufactured gas production — and groundwater contamination across multiple wells far exceeds Wisconsin NR 140 Enforcement Standards, with benzene concentrations reaching nearly 5,000 times the standard and naphthalene exceeding the standard by more than 450 times. Off-site monitoring wells have been installed in response to Wisconsin DNR concerns about westward groundwater migration toward adjacent residential properties, and the site remains an active Environmental Remediation Program case with investigation and remediation work continuing. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Why Historical Insurance Policies May Be Accessible
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Wisconsin — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
The landfill operations that deposited energy production wastes at this site occurred entirely between 1973 and 1984, placing all contaminating activity within the pre-1986 window. The extensive groundwater investigation, free-phase product recovery, off-site migration assessment, and remediation work required to address contamination orders of magnitude above enforcement standards represent substantial future costs that those historical carriers may be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.